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Res 1998-039
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Res 1998-039
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Last modified
9/11/2006 4:06:20 PM
Creation date
9/11/2006 4:05:57 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1998-39
Date
2/23/1998
Volume Book
132
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<br />are otherwise lawful will remain in full force and effect, and to this end the provisions of <br />this Agreement are declared to be severable. <br /> <br />9.8 All services provided pursuant to this Agreement are for the exclusive use and <br />benefit of the City. <br /> <br />9.9 In performing all services under this Agreement, the Engineer, its subcontractors, <br />successors and assigns will comply with all local, state and federal laws. <br /> <br />9.10 The City of San Marcos is governed by the Texas Public Information Act ( the "Act"), <br />Chapter 552 of the Texas Government Code. This Agreement and all written information <br />generated under this agreement may be subject to release under the Act. The Engineer <br />shall not make any reports, information, data, etc. generated under this Agreement <br />available to any individual or organization without the written approval of the City. <br /> <br />ARTICLE 10 <br />SUCCESSORS AND ASSIGNS <br /> <br />10.1 The City and the Engineer, respectively, bind themselves, their partners, <br />successors, assigns and legal representatives to the other party to this Agreement and to <br />the partners, successors, assigns and legal representatives of such other party with <br />respect to all covenants of this Agreement. The City and the Engineer will not assign, <br />sublet or transfer any interest in this Agreement without the written consent of the other. <br /> <br />ARTICLE 11 <br />EXTENT OF AGREEMENT <br /> <br />11.1 This Agreement represents the entire and integrated Agreement between the City <br />and the Engineer and supersedes all prior negotiations, representations or agreements <br />either written or oral. The Engineer's expenses for travel, office, production and other <br />expenses associated directly or indirectly with this Agreement are included as part of the <br />total fee. Except as to a change in the scope of services, the compensation for which does <br />not exceed $15,000, this Agreement may be amended only by separate written instrument <br />approved by the City's governing body and signed by both the City and Engineer. <br /> <br />11.2 Any exhibits and/or attachments attached to this Agreement are incorporated by <br />reference into this Agreement as though included verbatim herein. <br /> <br />11.3 In the even of any conflict between the Agreement and the provisions of any exhibit <br />or attachment to this Agreement, this Agreement will govern and control. <br /> <br />14 <br />
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